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… Defendant called the Lakewood retired chief of police in support of his claim. 4 A-5683-16T4 The chief testified, … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious … not disturb concurrent findings of fact and credibility determinations. In this case, both courts found the officer's …
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… is "reasonably debatable" if it is "justifiable" or "fully supportable in the record." Policemen's Benevolent Ass'n, … 11 A-4367-17T2 "[S]o long as the contract, as a whole, supports the arbitrator's interpretation, the award will be … Thus, the arbitrator's decision is justifiable and fully supported by the record. We are satisfied the arbitrator did …
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… escaping liability." Id. at 625. Our review of the record supports the motion judge's conclusion the dL defendants are … debts of NLdH. See ibid. 8 A-1878-17T3 The record does not support plaintiff's assertion the dL defendants fraudulently … [N.J.S.A. 25:2-26.] 11 A-1878-17T3 The record does not support the conclusion NLdH transferred its assets to dL, …
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… a temporary protective order (TPO) on June 28, 2017. In support of the TPO, plaintiff alleged defendant, the pastor … interest in defendant. Based on the judge's credibility determinations and consideration of defendant's text message … defendant might be entitled to such relief. Such a determination is dependent on the evidence produced in …
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… occurred at a night club . . . justif[ied] the relief." In support, Scalzulli submitted a certification in which he made a number of factual assertions to support his argument that he was not properly served. He … to plaintiff's failure to "plead or assert any legal theory supporting [his] personal liability," the default judgment …
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… to prove or disprove any fact of consequence to the determination of the action." On December 19, 2014, defendant … purchased defendant's interest in the Livingston LLC. In support of his summary judgment motion, defendant averred … wife opened a joint bank account in late 2003. In support of this claim, plaintiff submitted a bank statement …
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… action, she challenges as arbitrary and capricious, or as unsupported by the evidence, virtually every material factual … makes similar arguments on appeal. She contends the ALJ's determinations that she disregarded 10 A-3771-13T2 directions … (citation omitted). We will not disturb the CSC's final determination unless it is arbitrary, capricious or …
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… when a defendant establishes "a prima facie case in support of [PCR]," the court determines that there are … to show that "defendant was right to fear the victim and [support] the defendant's argument that she acted in self- … how the shooting occurred, and by using the mannequin in support of the defense case. The judge noted that in …
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… following facts from evidence submitted by the parties in support of, and in opposition to, the summary judgment … Wells Fargo confirmed in a supplemental certification with supporting documents that as of December 11, 2013, Wells … 149 N.J. 408 (1997). Nevertheless, neither Upke nor Yvanova support defendant's position. In Upke, we did not discuss …
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… from employment. The CSC issued a final administrative determination in which it "accepted and adopted the Findings … or unreasonable, or that 10 A-2623-14T4 it lacked fair support in the evidence.'" In re Carter, 191 N.J. 474, 482 … that of the agency's when "substantial credible evidence supports [the] agency's conclusion[.]" Greenwood v. State …
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… THE MOTOR VEHICLE STOP AND INVESTIGATIVE DETENTION WAS NOT SUPPORTED BY A REASONABLE ARTICULABLE SUSPICION OF A MOTOR … the motor vehicle stop and investigative detention were not supported by a reasonable and articulable suspicion that she … so long as sufficient credible evidence in the record supports those findings. Those factual findings are entitled …
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… that the evidence presented at trial was insufficient to support the trial judge's conclusion 2 After plaintiff filed … that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence. … that Wisdom's testimony was credible and we defer to that determination. On the other hand, the judge found that …
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… 3:9-2 and Rule 3:21-1. Defendant argued his plea was not supported by an adequate factual basis and even if it was, … guilty plea because there was an inadequate factual basis supporting his conviction for theft by deception, N.J.S.A. … The court must be satisfied there is a factual basis supporting "every element of the crime charged." Ibid. A …
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… FET outside of the administrative guidelines was not supported by the record and violated his due process rights. … We disagree. 7 A-4316-14T2 Judicial review of parole determinations is limited to an evaluation of whether the … 126 N.J. 330 (1991). Our review is also limited to a determination of whether the agency's findings could …
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… the trial court's factual findings . . . 'when [they are] supported by adequate, substantial and credible (continued) … more than he was incorrect. We affirmed the court's determination on that precise issue on appeal, finding … upon which Kramer's Rule 1:10-3 motion was based finds no support in the record. Montclair's entry into the agreement, …
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… FUNDAMENTAL INJUSTICE ARTICULATED IN HIS CERTIFICATION IN SUPPORT OF THE PCR PETITION OR PERMITTING DEFENDANT AN … the photograph because he was "functionally illiterate." In support of that argument, defendant filed a certification … set forth in Rule 3:22-12(a)(2). In his certification in support of the second petition, defendant claims that he was …
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… an end in itself. Rather, it is a factor in the court's determination whether there is a reasonable probability that, … the totality of the evidence in making its prejudice determination. . . . . The testimony of [the Walgreens … and interviewed there is nothing before the court that supports a finding that the manager would have had any …
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… BETWEEN THE TRIAL ATTORNEY AND DEFENDANT IS MATERIAL TO A DETERMINATION OF WHETHER DEFENDANT'S GUILTY PLEA WAS "FORCED." … the suppression motion. We are satisfied the record fully supports the conclusion defendant failed to meet both prongs … would have elected to proceed to trial. In the absence of supporting certifications or affidavits, it was proper for …
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… under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing." … to the trial court's factual findings . . . 'when supported by adequate, substantial and 7 A-1006-18T2 … assert the facts that an investigation would have revealed, supported by affidavits or certifications based upon the …
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… pleading guilty and continuing through sentencing." In his supporting 4 A-2065-18T2 certification, defendant averred … N.J. Super. at 170. Judge Caulfield's findings are fully supported by the record and her conclusions are consistent … sentence would not have made sense. This finding is amply supported by the record. Moreover, defendant did not appeal …